CPO vs Orig. Factory Warranty: Lemon Law protection???
Thread Starter
MBWorld Fanatic!
Joined: Oct 2010
Posts: 8,147
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From: Corona Del Mar, CA
2019 SL450, 2019 E450 Luxury Trim Wagon, 2024 BMW I7 xDrive60
CPO vs Orig. Factory Warranty: Lemon Law protection???
I had a 2020 S560 that MBUSA bought back due to a rough shifting transmission that they couldn’t or wouldn’t properly fix. The car started out fine, I mean it did not shift roughly when I first got it new, the issue developed over time. SO, what if I buy a CPO S560 and something similar happens? What if after a few months, I get a rough shifting transmission? Does the CPO warranty cover it? Can a CPO car still qualify for “Lemon Law” protection? Just curious.
Senior Member
Joined: Mar 2022
Posts: 409
Likes: 211
From: Atlanta, GA
2020 S450 4Matic, 2022 GLS450 4Matic, 2015 C300
Lemon Laws vary by state, here in GA they only apply to new cars (I think!)
However, seeing that you are in CA, a quick google led me to this: https://californialemonlawguide.com/...car-purchases/
But I would say if you are concerned, contact a lawyer, or ask your dealership
However, seeing that you are in CA, a quick google led me to this: https://californialemonlawguide.com/...car-purchases/
But I would say if you are concerned, contact a lawyer, or ask your dealership
Super Member
Joined: Dec 2021
Posts: 931
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From: Ohio
'16 C450, '21 Dad Wagon Pilot, '22 Wrangler 4xe
As already mentioned above, Lemon Laws vary from state to state. If what I see in your profile is still correct, you are in California. California protects buyers on new and used car purchases under Lemon Law as long as the vehicle still holds it's original manufacturers warranty. That verbiage would lead me to believe that an extension of that warranty (meaning the 5th year of a CPO warranty or above 50k miles) would NOT cover the vehicle under Lemon Law but by no means am I an attorney on the subject matter.
MBWorld Fanatic!
Joined: Jun 2007
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From: Huntington NY
S560
One thing I would mention is there are 2 ways of handling lemon law issues. There is the straight up lemon law where you fight MB and get them to agree to buy it back and then there is the goodwill buyback. Many times a manufacturer will GW buyback the car so they can resell after "repair" so they can get the most money for it ( without a lemon law mark) and they keep a happy new car buying customer. I had this twice (my 2010 E550 and 2011 550ix). If you buy a used car and find yourself in a similar position you will likely be out of the realm of goodwill and instead be "fighting" a lemon law buyback. They are much easier to get approved for things that are obvious (A friend went through 3 or 4 serpentine belts in roughly a year in his CL63- that's obviously a flaw). Transmission shifting, while obvious to us, is a more nuanced issue in the eyes of an OEM. Sure they will try and make you happy but in the end at any moment they could claim "as designed". Now one thing to mention is if you get a car with 10-15k miles and it seems to run fine I wouldn't expect rough, incurable shifts to become a problem.
Thread Starter
MBWorld Fanatic!
Joined: Oct 2010
Posts: 8,147
Likes: 4,369
From: Corona Del Mar, CA
2019 SL450, 2019 E450 Luxury Trim Wagon, 2024 BMW I7 xDrive60
One thing I would mention is there are 2 ways of handling lemon law issues. There is the straight up lemon law where you fight MB and get them to agree to buy it back and then there is the goodwill buyback. Many times a manufacturer will GW buyback the car so they can resell after "repair" so they can get the most money for it ( without a lemon law mark) and they keep a happy new car buying customer. I had this twice (my 2010 E550 and 2011 550ix). If you buy a used car and find yourself in a similar position you will likely be out of the realm of goodwill and instead be "fighting" a lemon law buyback. They are much easier to get approved for things that are obvious (A friend went through 3 or 4 serpentine belts in roughly a year in his CL63- that's obviously a flaw). Transmission shifting, while obvious to us, is a more nuanced issue in the eyes of an OEM. Sure they will try and make you happy but in the end at any moment they could claim "as designed". Now one thing to mention is if you get a car with 10-15k miles and it seems to run fine I wouldn't expect rough, incurable shifts to become a problem.
Super Member
Joined: Mar 2019
Posts: 573
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From: Half Moon Bay, CA
2016 S550e, 2005 Nissan Xterra 4x4, 1984 300ZX
My brother lemon lawed a BMW a number of years ago. He had a diesel and was having tons of issues, you need to be completely consistent taking the car in time after time and you need a service writer and a service manager that will help push this forward. I also bought a lemoned car once that was due to a brake issue and I never had the issue come up. If your convinced that this car will have the issue going foward you need to get on it, there will be time and pain involved. The hard downshift issue is one I have figured out is just the way the car will be, I had them do tranny service last time in (prepaid) and it helped but I still get that every once in a while. I have documented it with local dealers.
If CA i believe as long as your under factory warranty you can still do it.
If CA i believe as long as your under factory warranty you can still do it.
